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HomeMy WebLinkAboutRES 81-013 RESOLUTION RATIFYING THE MASTER AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, REPRESENTING THE ST. ANTHONY PUBLIC WORKS UNIT Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102688 Box: 23 Folder: RES 1981 Document: RES 81-013 RESOLUTION RATIFYING THE MASTER AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49,, REPRESENTING THE ST. ANTHONY PUBLIC WORKS UNIT RESOLUTION 81-013 A RESOLUTION RATIFYING THE 14ASTER AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND INTER- NATIONAL UNION OF OPERATING ENGINEERS, LO- CAL NO. 49 , REPRESENTING THE ST. ANTHONY PUBLIC WORKS UNIT BE IT HEREBY RESOLVED by the City Council of the City of St. Anthony that the Mayor and City Manager are authorized to approve the Master Agreement between the City of St. Anthony and Interna- tional Union of Operating Engineers, Local No. 49, on behalf of the St. Anthony City Council, for 1981-82. BE IT FURTHER RESOLVED that the City Manager is authorized to negotiate the "local issues" , subject to Council approval, in- cluding Article XXII of the Master Agreement. Adopted this o?7 day of , 1981. Mayor ATTEST: eyf� City Clerk Reviewed for administration: C' Manager l' _ 1 l'• ';fl �, (^`\1 X11'-\ MASTER LABOR AGREEMENT -BETWEEN METROPOLITAN AREA MANAGEMENT ASSOCIATION ' (MAMA) REPRESENTING THE CITIES OF : BLAINE EDEN PRAIRIE - NEW HOPE BROOKLYN CENTER EDINA RICHFIELD BROOKLYN PARK FRIDLEY ROBBINSDALE BURNSVILLE GOLDEN VALLEY ROSEVILLE CIRCLE PINES HOPKINS ST. ANTHONY COLUMBIA HEIGHTS MINNETONKA ST. LOUIS PARK CRYSTAL MOUNDS VIEW WHITE BEAR LAKE AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO January 1, 1981 - December 31 , 1982 LABOR AGREEMENT BETWEEN AND . INTERNATIONAL UNION OF OPERATING. ENGINEERS, LOCAL NO. 49 , AFL-CIO ARTICLE I PURPOSE OF AGREEMENT --t - This agreement is entered into between the City of hereinafter called the EMPLOYER, and Local No. 49 , International ' Union of Operating Engineers; AFL-CIO, hereinafter called the UNION . The intent and purpose of this AGREEMENT is to: 1. 1 Establish certain hours, wages and other conditions of • employment; 1. 2 Establish procedures for . the resolution of disputes concerning this AGREEMENT' S interpretation and/or application; 1. 3 Specify the full and complete understanding of the parties; and 1. 4 Place in written form the parties ' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the- highest quality of public service . Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE IV EMPLOYER SECURITY ® The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate .in or support any strike, slow down, other interruption of or interference with the normal functions of the. EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5. 1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the- organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically . limited by this AGREEMENT. 5. 2 Any term and condition of employment not specifically . established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, . or eliminate. ARTICLE VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 6 . 1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. -3- within twenty-one (21) calendar days after such alleged violation has- occurred, present , such grievance to the EMPLOYEE' S supervisor as designated by the EMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such .Step 1 grievance within ten (10) calendar days after. receipt. A grievance not resolved in Step 1 and appealed to' Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER designated representative' s . final . answer in Step 1. Any grievance not -appealed in writing to Step 2* by the UNION within ten (10) calendar days .shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER designated Step 2 representative. The EMPLOYER designated . representative shall give the UNION the EMPLOYER' S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. . A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER designated representative' s final Step 2 answer. Any _ grievance not appealed in writing to Step 3 by the -5- shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board... 6. 5 ARBITRATOR' S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider. and decide only the .specific issue (s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority : to make a decision on any other issue not so submitted. B. The arbitrator. shall be without power to make decisions contrary to, or inconsistent with, or .modifying' or varying in any way the application of laws , rules, or regulations having -the force and -effect of law. - The arbitrator' s �I decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs- by the parties, whichever be later, unless the - parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be - based solely on thye arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The -fees and expenses for the..arbitrator' s services and proceedings shall be borne equally by . the EMPLOYER and. the UNION provided that each party shall be responsible , for compensating its own representatives and witnesses. -7- shall indicate in writing which procedure. is to -be utilized— Step 5 of ARTICLE VI or another appeal procedure--and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI . ARTICLE VII DEFINITIONS 7. 1 UNION: The International Union of Operating Engineers , Local No. 49 , AFL-CIO. 7. 2 EMPLOYER: The individual municipality designated by this AGREEMENT. 7. 3 UNION MEMBER: A member of the. International - Union of Operating Engineers, Local No. 49 , AFL-CIO. 7. 4 EMPLOYEE: A member of the exclusively recognized bargaining . unit. 7. 5 BASE PAY RATE: The employee' s hourly pay rate exclusive of longevity or any other special allowances . 7 . 6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE 'II - RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off. and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 7. 7 COMPENSATORY TIME : Time off the employee ' s regularly scheduled work schedule equal in time to overtime worked. -9- 9. 2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 8 :00-4: 30 day. The EMPLOYER will give seventy-two (72) hours advance notice to the employees 'affected by the establishment of work days different from the employee ' s normal eight- (8) hour work day. 9. 3 In the event that work' is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each employee has . an obligation to work overtime or call backs if requested unless unusual circumstances prevent him from so working. 9. 4 Service to the .public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X OVERTIME PAY 10. 1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7). day period will be compensated for at one and one-half (1-1/2) times the employee' s regular , base pay rate. 10. 2 Overtime will be distributed as equally as practicable . _11- ARTICLE XIV DISCIPLINE The EMPLOYER _wi.11- discipline_employees _onl_y- for just. cause_._ ARTICLE XV SENIORITY 15. 1 Seniority will be the determining criterion for transfers , promotions and lay offs only when all job-relevant qualification factors are equal. 15 . 2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal . Recall rights under this Provision will continue for twenty-four (24) months after lay off . Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee ' s last known address to report to work or forfeit all recall rights. • ARTICLE XVI PROBATIONARY PERIODS i6 . 1 x.11 newly hired or rehired employees will serve a six (6) months ' probationary period. 16 . 2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 16. 3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16 . 4 At anv time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee ' s previous position at the sole discretion of the EMPLOYER -13- Employees not choosing dependent coverage cannot be covered at "EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee ' s expenseto the extent allowed under the EMPLOYER' S group policy. This Article shall be open for negotiation for calendar .year 1981. ARTICLE XX HOLIDAYS The EMPLOYER will provide eleven (11) paid holidays. - ARTICLE XXI SCOPE OF AGREEMENTS No addendum to this MASTER AGREEMENT can be in conflict with this MASTER AGREEMENT. ARTICLE XXII WORKING OUT OF CLASSIFICATION Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid- the Heavy Equipment Operator rate of pay for those hours assigned to the unit: 1. Motor Patrol 2. Front-end Loader (Michigan 45B) over 1.5 cu. yards . 3 . Street Sweeper (Elgin Pelican Americana) 4. Steel Rollers or Rubber Tired Packer (Manufacturer's , rating of 8-10 tons or more) 5. Belt Loader 6. Backhoe See Appendix B. for a determination as to,_ho�� ,.the "hours =assigned" to the unit" is determined. ARTICLE XXIV DURATION This AGREEMENT shall be effective as of January 1, 1981 and shall .remain in full force and effect until the 31st day of December, 1982 . IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this 2nQ day of 1981. FOR THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) : FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 , AFL---CEI; r � FOR THE CITY OF -17- MEMORANDUM OF UNDERSTANDING • BETWEEN METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) REPRESENTING THE CITIES OF: Blaine Eden Prairie New Hope Brooklyn Center Edina Richfield Brooklyn Parc Fridley Robbinsdale Burnsville Golden Valley Roseville Circle Pines Hopkins St. Anthony Columbia Heights Minnetonka St. Lou's Park Crystal Mounds View White Bear Lake AND INTERNATIONAL UNION OF OPERATING ENGINEERS , LOCAL NO. 49 , AFL-CIO FOR CALENDAR YEAR 1982 By mutual agreement for 1982 , if the unit employees vote to use ten dollars ($10. 00) of the $105. 00 per month per employee of health insurance for dental insurance for all unit employees , and the City Council concurs , , then such ten dollars ($10. 00) per .month can be used to bid out a dental insurance program. FOR MAMA: FOR IUO , LOCAL N 49: cls!!''. .�"✓'�r�'. 1�., ,��..�" ?* • Dated this day of Dated this 2,,,41 -day of JCL f)U ._cam , 1981. [ , 1981. i APPENDIX A WAGES A. The following wage schedule will be in effect from the first pay- roll period in 1981 through the last payroll. period in 198.1: Heavy Equipment Operator. . . . . . . . . . . . . $9 .37 Water/Sewer Maintenance Person. . . . . . . $9 .14 Light Equipment Operator . . . . . . . . . . . . $8.92 B. The following wage schedule will be in effect. from the first pay-- roll ay=roll period in 1982 through the last payroll period in 1982 : Heavy Equipment Operator. . . . . . . . . . . . $10 ..17 Water/Sewer Maintenance Person. . . . . . .$9 .94 • Light Equipment Operator . . . . . . . . . . . .$9 .72 C. New employees will start at a wage rate .equal to ninety (90) percent of the contract rate for the job classification into which the employee is hired for the employee 's first year. This rate will increase to ninety-five (95) percent• of the contract rate for the employee' s second year, and move to the contract rate for the employee' s third year of employment. • -18- . APPENDIX B LOCAL ADDENDUM This supplementary agreement is entered into between the City of St. Anthony and the International Union of Operating Engineers, Local No. 49, AFL-CIO, for the period beginning January 1, 1980 and ending December 31, 1981. Nothing in this supplementary agreement may be in conflict with any provision of the MASTER -AGREEMENT between MAMA, the City of St. Anthony, and I.U.O.E. , Local No. 49 , AFL-CIO. In the event of conflict, the MASTER AGREEMENT will prevail. B-1 SENIORITY . No permanent employee shall be laid off while any temporary employee (defined as an employee with less than 6 months consecutive service) is on the payroll. B-2 VACATION Each permanent of probationary full-time employee shall accrue paid vacation leave at the rate of five-sixths (5/6 ' s) day for each month of service during the first five (5) years of employment. During the sixth (.6) through the fifteenth (15) year, a total of fifteen (15) days vacation leave shall be granted; during the sixteenth (16) year- and thereafter, a total of twenty (20) days vacation leave shall be granted. Total accrual shall be limited to thirty (30) days, unless further accrual is approved by the EMPLOYER. No vacation leave shall be granted during the initial probationary period, but if an employee satisfactorily completes the probationary period, vacation leave accrued during the initial probationary period will be granted. Vacation leave may be used as earned provided that the EMPLOYER has final approval of the time at which each employee may take his vacation, giving preference to the senior employee's requests. B-3 SICK LEAVE Sick leave .with pay shall be accrued by all permanent and probationary employees at the rate of one (1) day for each calendar month of full-time employment or major fraction thereof. Sick leave may not be used during the initial probationary period. Sick leave shall be accumulative to a maximum of one hundred twenty (120) days. The EMPLOYER may, at his discretion, require a doctor' s certifi- cate showing the nature and extent of any injury or illness . A permanent employee who meets the other requirements of this section, who is receiving Workman' s Compensation payments, may be granted sick leave pay for the amount of difference between the Workman's Compensation payments and his salary to the extent that he has accrued sick leave. Sick leave shall be granted when necessary for personal illness, injury or :l-egal` quarantine. B-4 FUNERAL LEAVE In the event of the death of an employee ' s spouse or children, the employee will be granted three (3) days funeral leave with pay. • In the event of the death of an employee' s or his spouses ' parents, grandparents, brothers and sisters, an employee will be granted one (1) day' s funeral leave with pay. B-5 HOLIDAYS All permanent and probationary employees shall observe the following eleven (11) paid. holidays each year: New Year' s Day Good Friday Thanksgiving Day Memorial Day Labor Day ' Independence Day Friday following Thanksgiving Day Veterans ' Day Christmas Columbus Day President' s Day New Year' s Day, Memorial Day, Indpependence Day and Christmas Day will be considered "Major" holidays ... When any such "major" holiday falls on a Sunday, the following Monday shall be considered the holiday for all employees. When a "mayor" holiday falls on a Saturday, the preceding Friday will be considered a holiday for all employees. All other holidays are allowed only if they fall on a regular work day. B-6 RELIEF PERIODS All employees will be allowed two (_2) work relief periods a day not to exceed fifteen (15) minutes in the forenoon and fifteen (15) minutes in the afternoon. B-7 LEAVE OF ABSENCE Employees subpoenaed as witnesses, or called and selected for jury duty shall receive their regular compensation less jury pay. Mileage allowance not to be considered as jury pay. Employees must report back to work if their jury duty or witness obligations allow them to do so within the scope of the regular work day hours . B '8 WAGES The Assistant Mechanic shall be paid 10� per hour for all hours worked, provided the employee so designated base wage rate is less than Heavy Equipment Operator. Qualified .employees will be paid the H.E.O.. rate in whole hour increments for time worked on designated Heavy Equipment. However, employees must work at. least 31 minutes in each and every given hour on said designated Heavy Equipment in order to be credited with a while hour increment and thus. the pay differential. Pay days for employees will be bi-weekly, with no more than • three (3) days holdback including pay day. B-9 STANDBY DUTY Employees who are required .to be on standby duty on Saturdays, Sundays or holidays shall be compensated for such standby assignment at the rate of three (-3) hours overtime pay for each day. Standby duty shall include a routine check of pumps and other city facilities such as lift station, filter plant and booster station. Any- addi- tional work ny- addi-tional. work required of the- employee other than the routine pump check and check of other city facilities shall be compensated in the amount specified under the overtime clause. • B-10 INJURY ON DUTY 1. Definition: An injury, illness or other disabling condition which prevents the employee from. performing regularly assigned .jub duties and which was suffered or directly caused as a result of or in the course of , regular, assigned, job duties. The determination. of whether the injury, illness. or other disabling condition prevents the employee from performing-regularly assigned job duties shall be made by licensed physician (s) . 2 . There shall be a ten day waiting period before the I.O.D. benefit commences during which the employee can use sick .leave. 3. Starting the 11th through the 40th work day, the City will pay I.O.D. pay equal to regular salary (base salary) . 4. All Workman' s Compensation benefits must be paid to the City as a "buy back" of used sick leave or to reimburse the City for the I.O.D. benefits. B-11 NON-DISCRIMINATION CLAUSE The provisions of the AGREEMENT shall be applied equally and without -discrimination by the EMPLOYER and the UNION to all employees regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. B-12 LONGEVITY The EMPLOYER will pay, in addition to regular wages, an additional payment of $15. 00 per man per month for employees with at, least-five.(-5)_ years of service and $30 .00 per man per month for employees with at least ten (10) , years of service with 'the depart- ment. Such payments are to be made starting the month after an employee becomes- a five (5) or ten ('l0) year employee. The longevity benefit will not be granted to any employee hired after March 1, 1978 . Agreed to this 349-Cf- 49-Cf- day of 1981 by For Operating Engineers Local 49 : For City of St. Anthony: